The Immigration and Nationality (Cost Recovery Fees) (Amendment No.2) Regulations 2008

Amendment

2.—(1) The Immigration and Nationality (Cost Recovery Fees) Regulations 2007(1) shall be amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “assistance”, insert—

““certificate of sponsorship” means an authorisation issued by the Secretary of State to a sponsor in respect of one or more applications, or potential applications, for leave to remain or enter the United Kingdom under the immigration rules;”; and

(b) after the definition of “the 2007 Order”, omit “and” and insert—

““Tier 2 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 2” of the immigration rules’ “Points Based System”;

“Tier 4 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 4” of the immigration rules’ “Points Based System”;

“Tier 5 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 5” of the immigration rules’ “Points Based System”;

“Tier 5 (Temporary Worker) migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under the category “Tier 5 (Temporary Worker)” of the immigration rules’ “Points Based System”; and”.

(3) In regulation 3(2) (fees for applications for leave in the United Kingdom), omit sub-paragraphs (e) to (h).

(4) After regulation 4 (fees for applications for leave in the United Kingdom), insert—

“4A.— (1) In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom as a Tier 5 migrant, the fee is £100.

(2) This regulation is subject to regulations 6, 7, 8, 8A, 9 and 10.”

(5) In regulation 6 (exceptions in respect of leave to remain applications), after “3” omit “or 4” and insert “, 4 or 4A”.

(6) In regulation 7 (exceptions in respect of leave to remain applications), after “3” omit “or 4” and insert “, 4 or 4A”.

(7) In regulation 8 (exceptions in respect of leave to remain applications), after “3” omit “or 4” and insert “, 4 or 4A”.

(8) After regulation 8, insert—

“8A.   No fee is payable in respect of an application referred to in regulation 4A insofar as the application is—

(i) for leave to remain as a Tier 5 (Temporary Worker) migrant; and

(ii) in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.”

(9) In regulation 10(2)(a) (exceptions in respect of leave to remain applications), after “3” omit “or 4” and insert “, 4 or 4A”.

(10) In regulation 10A(1)(2), (fees for entry clearance), after sub-paragraph (d), insert—

“(e) where the application is for entry clearance as a Tier 5 migrant, the fee is £99.”

(11) In regulation 10B(3) (exceptions in respect of entry clearance applications)—

(a) after paragraph (b), omit “or”; and

(b) after paragraph (c) insert—

“; or

(d) the application is—

(i) for entry clearance as a Tier 5 (Temporary Worker) migrant; and

(ii) is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.”

(12) Omit regulation 14 (fee for an application for registration as a British citizen under the 1997 Act).

(13) For regulation 15A(4) (fee for sponsorship applications) substitute—

“Fee for an application for a document recording biometric information

15A.— (1) Subject to paragraphs (2) and (3), in the case of an application to which article 3(2)(o) of the 2007 Order applies, namely an application for a document recording biometric information within the meaning of section 5 of the UK Borders Act 2007(5), where the application is required by regulations made under section 5 of the UK Borders Act 2007, the fee is £30.

(2) No fee is payable in respect of an application referred to in paragraph (1) which is required under the Immigration (Biometric Registration) (Pilot) Regulations 2008(6).

(3) No fee is payable in respect of an application referred to in paragraph (1) where the application is made in conjunction with an application for leave to remain in the United Kingdom.

Fees for sponsorship licences

15B.— (1) In the case of an application to which article 3(2)(p) of the 2007 Order applies, where such application is in respect of a person who, if granted a sponsorship licence, would be a small sponsor and the application is for a sponsorship licence in respect of Tier 2 migrants, the fee is £300.

15C.— (1) Subject to regulation 15D, in the case of an application to which article 3(2)(p) of the 2007 Order applies, where the application is—

(a) for a sponsorship licence in respect of Tier 4 migrants;

(b) for a sponsorship licence in respect of Tier 5 migrants;

(c) for a sponsorship licence in respect of Tier 4 migrants and Tier 5 migrants;

(d) in respect of a person who, if granted a sponsorship licence, would be a small sponsor and is for—

(i) a sponsorship licence in respect of Tier 2 migrants and Tier 4 migrants;

(ii) a sponsorship licence in respect of Tier 2 migrants and Tier 5 migrants; or

(iii) a sponsorship licence in respect of Tier 2 migrants, Tier 4 migrants, and Tier 5 migrants,

the fee is £400.

15D.— (1) In the case of an application to which article 3(2)(p) of the 2007 Order applies, where such application the application is for a licence referred to in sub-paragraphs (a) to (c) of regulation 15C and is in respect of a person who—

(a) holds a valid sponsorship licence in respect of Tier 2 migrants; and

(b) is a small sponsor,

the fee is £100.

Fee for the process of issuing a certificate of sponsorship

15E.— (1) Subject to paragraph (2), in the case of a process to which article 5 of the 2007 Order applies, the fee shall be £10 where the process is the issuing of a certificate of sponsorship in respect of an application or applications or a potential application or applications for leave to remain or enter the United Kingdom as a Tier 5 migrant.

(2) No fee is payable in respect of the process for which a fee is specified in paragraph (1) where the certificate is issued in respect of an application or applications or a potential application or applications for leave to remain or enter the United Kingdom as a Tier 5 (Temporary Worker) made by a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.”.

(1)

S.I. 2007/936, as amended by S.I. 2008/218.

(2)

Regulation 10A is inserted by S.I. 2008/218.

(3)

Regulation 10B is inserted by S.I. 2008/218.

(4)

Regulation 15A is inserted by S.I. 2008/218.

(5)

2007 c.30.

(6)

S.I. 2008/1183.